Harshit Pandey vs State Of Madhya Pradesh

Devnarayan Mishra, J

This is the first application filed by the applicants under Section 482 of Bharatiya Nagrik Suraksha Sanhita, 2023 seeking anticipatory bail in connection with Crime No.101/2026 registered at Police Station Pali, District Umariya for the offence punishable under Sections 296(B), 115(2), 351(3), 3(5), 109 and 117(2) of the Bharatiya Nyaya Sanhita, 2023.

Learned counsel for the applicant has submitted that the applicant is innocent and has falsely been implicated in the case. He has no previous criminal record. Except Section 109 of the BNS, 2023 all other sections are bailable and as per the FIR itself, it is clear that they assaulted the injured only with hands and fists, the victim was injured and no grievous injury was found. It is further submitted that the co-accused Devendra Kumar Pradhan had already been granted anticipatory bail, hence, to maintain parity, the applicant be also granted the benefit of anticipatory bail.

Learned counsel for the State has opposed the bail application and submitted that the applicant has assaulted the victim and grievous injuries were caused to the victim, that were fatal to life, hence, the applicant is not entitled to be enlarged on anticipatory bail.

Heard the parties and perused the case diary.

Looking to the factual aspects of the case coupled with the facts that the applicant used only hand and fists to cause the injury and a fracture was found in the orbit of the eye and in the facial bone, neither any deadly weapon was used nor any firearm was used, this Court deems it fit to enlarge the applicant on anticipatory bail. Thus, without commenting anything on the merits of the case, the application is allowed.

It is directed that in the event of arrest the applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Arresting Officer for his appearance before him during the course of investigation or before the trial Court concerned during trial, as the case may be.

The applicant is directed to cooperate with the investigating agency and also appear on the date and time directed by the Investigating Officer.

The applicant shall not directly or indirectly induce or threaten any prosecution witness.

The applicant will regularly appear before the trial Court and cooperate till disposal of this case.

It is further directed that the applicant shall abide by all the conditions as enumerated under Section 482(2) of BNSS.

Accordingly, the application stands disposed of. Certified copy as per rules.